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Help with NOC confusion

lotusEsp

Star Member
Feb 19, 2015
185
14
Hello
I have been invited to apply for PR through the Express Entry for CEC. I am frantically running around trying to get all my police checks (4x) and documentation in order.

However, I have just had a cold feeling that my NOC codes are going to be a problem.

I am currently full time employed in Ontario, under NOC: 5241 I have been in this position for 5 months.
I am applying for PR under NOC 5241 as this is what I will continue to be doing
I have a further 12 months fulltime work experience in Canada, but under NOC: 2173

Almost all my foreign work experience over the last 10 years falls under NOC 5241.

My question is, am I likely to get rejected for my PR, because my intended job/history is only 5 months with that NOC and the 12 months experience being under a different NOC?
The work was actually quite similar (same industry & department), but I think my first employer made a mistake applying for my work permit under that 2173 NOC - as it didnt really reflect what I was actually doing.

I am pretty nervous that my application will be invalid.

Can anyone offer any advice please?

Thanks
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,422
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
CIC will assess your NOC based on your job duties. Your experience is what it is, regardless of what it says on the work permit. For your experience to fall under 2173, since it didn't reflect what you were doing, it sounds like you would have to fudge the job duties.

So your pickle is - If the duties don't match 2173, then the experience might not count. You weren't authorized for the actual duties. And if you fib about the duties to match the NOC on your work permit, not only is there a high chance that it won't work, it's misrepresentation.

Don't know what to suggest other than write a letter of explanation. Selecting an NOC is inexact, at best. If you think 5241 is the best fit for both jobs, being honest is your best chance.
 

MapleLeafCEC

Star Member
Feb 19, 2014
128
15
Category........
NOC Code......
2211/ 2134
Job Offer........
Pre-Assessed..
App. Filed.......
24-02-2014
Doc's Request.
Twice: PCC for UK in Sept 2014 and Additional documents from work to support NOC in Nov 2014
AOR Received.
17-03-2014
IELTS Request
Sent with Application
Med's Request
09-09-2014
Med's Done....
19-09-2014
Interview........
Waived... RPRF: 06-11-2014
Passport Req..
30-03-2015
VISA ISSUED...
02-04-2015
LANDED..........
18-04-2015
Yeah you are better off giving an explanation letter to CIC stating that even though you were in an closed WP of 2173, your duties are infact aligned with 5241. You should not be fudging your job duties to match the NOC. Also if you can get a letter from your previous employer/manager asking them to confirm that you were infact doing the duties as per 5241 NOC job description, then that might help your case even more. You can also email HRSDC directly and send them your job duties from your first job and ask for the NOC that goes best with the description. They are usually very good with replying back within a couple of days. Send CIC that correspondence as well.
 

lotusEsp

Star Member
Feb 19, 2015
185
14
Thanks all

I was more concerned that they will say "your experience is under NOC 2173 (Software Engineering) rather than what I am applying for, which is 5241 (Graphic Designer)"

I guess what I am wanting to know, is does my 1 year canadian work experience have to be in the same NOC (or very close) as the job I am currently doing? Same industry, but different jobs - duties will match the LMIA for both
 

MapleLeafCEC

Star Member
Feb 19, 2014
128
15
Category........
NOC Code......
2211/ 2134
Job Offer........
Pre-Assessed..
App. Filed.......
24-02-2014
Doc's Request.
Twice: PCC for UK in Sept 2014 and Additional documents from work to support NOC in Nov 2014
AOR Received.
17-03-2014
IELTS Request
Sent with Application
Med's Request
09-09-2014
Med's Done....
19-09-2014
Interview........
Waived... RPRF: 06-11-2014
Passport Req..
30-03-2015
VISA ISSUED...
02-04-2015
LANDED..........
18-04-2015
Your work experience is counted 3 years backward from the date that CIC receives your application so you will have to provide an employment letter for all the jobs that were done in that time period (jobs in Canada only). Both these jobs do not have to be in the same NOC as long as they both fall under NOC SKill Level 0, A or B for a duration of 1 year at the least. So as far as CIC is concerned, you were eligible to apply for CEC once you completed 1 year in a job that falls under NOC skill level 0, A or B.